Getting a GC for my mom (on B1/B2 visa)

[snowball1081 1]

I just had a baby last June. My mom came to the US with a tourist visa a couple times in the past year to help me taking care of my baby and stayed for a couple months. She got in again in APR and decided that she wanted to stay here to help me take care of the baby because she missed him so much when she was away (her first grandson). I just got a US citizen in March. Is it possible to get a green card for her?

[grrrrreat 109]

I just had a baby last June. My mom came to the US with a tourist visa a couple times in the past year to help me taking care of my baby and stayed for a couple months. She got in again in APR and decided that she wanted to stay here to help me take care of the baby because she missed him so much when she was away (her first grandson). I just got a US citizen in March. Is it possible to get a green card for her?

Yes. You fill out and file I-130, Petition for Alien Relative and I-864 Affidavit of Support. If you do not qualify to sponsor her, you must also find another sponsor to file a second I-864 who does qualify. Your mom will fill out and file I-485, Application to Register Permanent Residence or Adjust Status, and I-693 Report of Medical Examination and Vaccination Record.

If your mom wishes to work and/or travel outside of the U.S. while the adjustment application is pending, she should also file I-765 Application for Employment Authorization Document and I-131 Application for Travel Document (for advance parole). If she travels outside of the U.S. without advance parole, her adjustment application will be abandoned and her B2 visa may be cancelled.

Submit all of these forms together in one package with their fees and required supporting evidence. Read the instructions of these forms and the guides on this site, such as the I-130 for a parent guide http://www.visajourney.com/content/immigration-parents Prepare for your interview and be very careful to submit all the required forms and evidence as requested by the instructions.

Your mom was not permitted to enter the U.S. on her B1/B2 visa with the intent to stay permanently, so she may have to explain how she changed her mind after entering. Good luck.

Edited May 14, 2012 by grrrrreat

[Ning 619]

I just had a baby last June. My mom came to the US with a tourist visa a couple times in the past year to help me taking care of my baby and stayed for a couple months. She got in again in APR and decided that she wanted to stay here to help me take care of the baby because she missed him so much when she was away (her first grandson). I just got a US citizen in March. Is it possible to get a green card for her?

This is simply abuse of the tourist visa as was every entry she made. None of those were about being a tourist as we see here. If she had told the truth in trying to obtain the tourist visa to serve as a nanny she would have been denied. She has commited fraud with each entry. What did she tell the officer at the POE when asked what she was going to do during her " tourist" trips?

I dont see how that can be changed into a green card. In fact she will probably have her tourist visa revoked when the facts are known.

Edited May 15, 2012 by Ning

[Hypnos 6,576]

This is simply abuse of the tourist visa as was every entry she made. None of those were about being a tourist as we see here. If she had told the truth in trying to obtain the tourist visa to serve as a nanny she would have been denied. She has commited fraud with each entry. What did she tell the officer at the POE when asked what she was going to do during her " tourist" trips?

I dont see how that can be changed into a green card. In fact she will probably have her tourist visa revoked when the facts are known.

If that's the case then every person who has come from abroad to visit family in the US has committed fraud.

http://travel.state....types_1262.html defines a B-2 visa for the purposes of "pleasure or medical treatment"; I'm fairly certain her mother enjoyed coming here to visit her daughter and grandchild so, pleasure = check.

To further quote (emphasis mine):

Pleasure, Tourism, Medical Treatment - Visitor Visas (B-2) - As examples, if the purpose of your planned travel is recreational in nature, including tourism, vacation (holiday), amusement, visits with friends or relatives, rest, medical treatment, activities of a fraternal, social, or service nature, and participation by amateurs, who will receive no remuneration, in musical, sports and similar events or contests, then a visitor visa (B-2) would be the appropriate type of visa for your travel.

You may want to stop spreading misinformation.

Edited May 15, 2012 by Hypnos

[DandT14 272]

This is simply abuse of the tourist visa as was every entry she made. None of those were about being a tourist as we see here. If she had told the truth in trying to obtain the tourist visa to serve as a nanny she would have been denied. She has commited fraud with each entry. What did she tell the officer at the POE when asked what she was going to do during her " tourist" trips?

I dont see how that can be changed into a green card. In fact she will probably have her tourist visa revoked when the facts are known.

I had to smile when I read that. Her mom came to visit and help with the baby, and that makes her a nanny? I'm calling my mom right now to tell her that when she stayed with me for a couple weeks after I had my first baby, she was really being a nanny. I can imagine the look on her face now...

Actually I'm not doing that. She might demand payment.

[Kathryn41 3,205]

without knowing what was said in order to obtain the B-2 visa and at entry - and what was asked - it is pointless to cry fraud. The woman may well have said she is going to visit her new grandchild and help out her daughter with her newborn. That is what grandmothers do.. I don't know a grandmother anywhere - whether born here or born overseas - who does not want to help her daughter with a newborn or assist with taking care of the baby -along with watching the child grow and develop - something that brings changes every day. This is not working as a nanny. This is loving your daughter and grandson and sharing as much of their lives as you legally can - and she left and returned several times within the year and was allowed entry. If the border guard was concerned that a new grandmother changing her grandsons diapers and giving him a bath and feeding him and holding him until he goes to sleep was really, secretively working as a nanny, he would have denied her entry. If they had concerns and suspicions about her frequent visits they would have denied her entry. You have no basis to assume she lied merely because she was allowed entry. Grandmothers are allowed to visit grandchildren without being suspected of nefarious purposes. Please do not make unwarranted assumptions when you do not have any facts upon which to base them.

[jdh 103]

This is simply abuse of the tourist visa as was every entry she made. None of those were about being a tourist as we see here. If she had told the truth in trying to obtain the tourist visa to serve as a nanny she would have been denied. She has commited fraud with each entry. What did she tell the officer at the POE when asked what she was going to do during her " tourist" trips?

I dont see how that can be changed into a green card. In fact she will probably have her tourist visa revoked when the facts are known.

The mother has done nothing wrong from the information we have been given and is perfectly eligible for AOS unless there is hidden info we are unaware of.

To the original poster, don't worry about the negative nelly's that get on here occasionally. Your Mom will be fine. Intent is rarely even asked about in an AOS for immediate relatives. Even when it is asked it isn't an issue.

Edited May 15, 2012 by jdh

[snowball1081 1]

Thanks guys!!

[grrrrreat 109]

This is simply abuse of the tourist visa as was every entry she made. None of those were about being a tourist as we see here. If she had told the truth in trying to obtain the tourist visa to serve as a nanny she would have been denied. She has commited fraud with each entry. What did she tell the officer at the POE when asked what she was going to do during her " tourist" trips?

I dont see how that can be changed into a green card. In fact she will probably have her tourist visa revoked when the facts are known.

There should seriously be a rule against crying fraud at everyone on this forum. You don't know the situation, and you are making up a rule that being a grandma is "working" as a nanny. It's just not true.

[Harsh_77 716]

without knowing what was said in order to obtain the B-2 visa and at entry - and what was asked - it is pointless to cry fraud. The woman may well have said she is going to visit her new grandchild and help out her daughter with her newborn. That is what grandmothers do.. I don't know a grandmother anywhere - whether born here or born overseas - who does not want to help her daughter with a newborn or assist with taking care of the baby -along with watching the child grow and develop - something that brings changes every day. This is not working as a nanny. This is loving your daughter and grandson and sharing as much of their lives as you legally can - and she left and returned several times within the year and was allowed entry. If the border guard was concerned that a new grandmother changing her grandsons diapers and giving him a bath and feeding him and holding him until he goes to sleep was really, secretively working as a nanny, he would have denied her entry. If they had concerns and suspicions about her frequent visits they would have denied her entry. You have no basis to assume she lied merely because she was allowed entry. Grandmothers are allowed to visit grandchildren without being suspected of nefarious purposes. Please do not make unwarranted assumptions when you do not have any facts upon which to base them.

If you already have B1/2 and at POE if you let the officer know you are here to help your son/daughter with newborn child most likely you would be refused the entry.

If you are applying at the consulate for B1/2 and during the purpose if you say you are planning to go to help your son/daughter with newborn, most likely visa would be denied.

These are the facts….there was nothing wrong with Ning posted… if we go by OP’s account all the grandparents miss their grandchildren.

If the OP wanted to secure the perm resident status for her mom right way then it could had been done and can still be done, but entering the US on B1/2 and then asking to do AOS (just coz missing grandchildren) is certainly an abuse of B1/2

[Harsh_77 716]

There should seriously be a rule against crying fraud at everyone on this forum. You don't know the situation, and you are making up a rule that being a grandma is "working" as a nanny. It's just not true.

As per USCIS helping is not allowed… any job for which a USC can be hired and can be paid is illegal on B1/2.

Is helping with child considered as tourism, recreational activity, sightseeing activity?

Say for example if someone (USC) owns a restaurant or shop and has his brother or sister visiting him on B1/2 can they help him in his operation? Answer is no, if caught by immigration they can be charged for illegally working in US.

[DandT14 272]

There should seriously be a rule against crying fraud at everyone on this forum. You don't know the situation, and you are making up a rule that being a grandma is "working" as a nanny. It's just not true.

Sometimes it seems like there's a contest to see who can yell "fraud" first.

I don't see why this is so unbelievable. It's easy to plan on coming to visit for a couple months, without ever considering staying. Then, when it's time to go, it's so hard that you realize you'd rather stay. Why is this difficult to believe? A two week visit is different than a two month visit. After two months, you can get "settled". Seems reasonable to me...

And, getting up during the night to change a diaper or feed a baby is hardly being a "nanny." If she swept the floor while she was there, does that make her a housekeeper? Are you seriously suggesting that any grandparent who enters the country to see a new grandchild, and during that stay occasionally cares for the baby, has committed a crime?

Edited May 15, 2012 by SterlingDandT

[grrrrreat 109]

As per USCIS helping is not allowed… any job for which a USC can be hired and can be paid is illegal on B1/2.

Is helping with child considered as tourism, recreational activity, sightseeing activity?

Say for example if someone (USC) owns a restaurant or shop and has his brother or sister visiting him on B1/2 can they help him in his operation? Answer is no, if caught by immigration they can be charged for illegally working in US.

Caring for a grandchild is not a job. Saying "as per USCIS" doesn't prove your point. Visiting grandchildren is visiting relatives, which is entirely proper under a B2 visa.

Your restaurant example makes no sense. Neither mother nor grandmother earn money caring for a child, unlike a restaurant. Caring for a grandchild is an intimate activity and an expression of love that grandparents in many cultures consider a familial obligation, not a job. Get off your high horse and answer the question as asked, not speculate about everyone else's nefarious motives.

Edited May 15, 2012 by grrrrreat

[ceadsearc 515]

As per USCIS helping is not allowed… any job for which a USC can be hired and can be paid is illegal on B1/2.

Is helping with child considered as tourism, recreational activity, sightseeing activity?

Say for example if someone (USC) owns a restaurant or shop and has his brother or sister visiting him on B1/2 can they help him in his operation? Answer is no, if caught by immigration they can be charged for illegally working in US.

No, but visiting family is. You have no idea what was said when she entered the country or applied for the visa and you have no idea how much help she was actually providing. My roommate (American!) sometimes watches my kid while I go to the bathroom or takes out the trash when my hands are full. She does it for free. Thank God she hasn't read this forum, or she might start charging me for her nanny and janitor services.

[jdh 103]

As per USCIS helping is not allowed… any job for which a USC can be hired and can be paid is illegal on B1/2.

Is helping with child considered as tourism, recreational activity, sightseeing activity?

Say for example if someone (USC) owns a restaurant or shop and has his brother or sister visiting him on B1/2 can they help him in his operation? Answer is no, if caught by immigration they can be charged for illegally working in US.

Please...

You are not trying to compare a grandmother spending time with her grand kids to a restaurant owner hiring an employee...

There isn't a judge in North America who would hold that garbage up.

Your opinion of this being fraud and an abuse is irrelevant because the law is on the side of the daughter who wants to help her mother adjust status.

Edited May 15, 2012 by jdh